Page:United States Statutes at Large Volume 100 Part 1.djvu/738

 100 STAT. 702

Ante, p. 689. Ante, p. 683.

PUBLIC LAW 99-348—JULY 1, 1986

(b) VOLUNTARY RETIREMENT.—Paragraph (6) of section 211(a) of such Act (42 U.S.C. 212(a)) is amended to read as follows: "(6) The retired pay of a commissioned officer retired under this subsection who first became a member of a uniformed service after September 7, 1980, is determined by multiplying— "(A) the retired pay base determined under section 1407 of title 10, United States Code; by "(B) the retired pay multiplier determined under section 1409 of such title for the number of years of service credited to the officer under paragraph (4).". TITLE III—MISCELLANEOUS RETIREMENT PROVISIONS SEC. 301. SURVIVOR BENEFIT PLAN ANNUITIES (a) UNREDUCED RETIRED PAY AS BASIS FOR ANNUITY.—

10 USC 1447.

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Ante, p. 685.

10 USC 1331 '^ot^ 10 USC 1331 et seq.

(1) Section 1447(2)(A) (relating to the definition of "base amount" for purposes of the Survivor Benefit Plan) is amended by inserting "(determined without regard to any reduction under section 14090t))(2) of this title)" after "retired or retainer pay" the second place it appears. (2) Section 1451 is amended by adding at the end the following new subsection: "(h) Computation of a member's retired pay for purposes of this section shall be made without regard to any reduction under section 1409(b)(2) of this title.". (3) Section 1452(c) is amended by adding at the end the following new sentence: "Computation of a member's retired pay for purposes of this subsection shall be made without regard to any reduction under section 1409(b)(2) of this title.". (b) CosT-OF-LiviNG ADJUSTMENTS.—Section 1451(g)(1) is amended— (1) by striking out "by the same total percent" in the first sentence; and (2) by inserting after the first sentence the following new the same percent as the percent by which the retired pay of the person providing the annuity would have been increased at such time if the person were alive (and otherwise entitled to such pay).". (c) RESTORAL OF COLA.—Section 1451 is amended by adding after subsection (h) (as added by subsection (a)(2)) the following new subsection: "(i) In the case of an annuity under the Plan which is computed on the basis of the retired pay of a member or former member who would have been entitled to have that retired pay recomputed under section 1410 of this title upon attaining 62 years of age, but who died before attaining such age, such annuity shall be recomputed, effective on the first day of the first month beginning after the date on which the member or former member would have attained 62 years of age, on the basis of the amount of retired pay to which the member or former member would have been entitled upon recomputation of such pay effective on such date under section 1410 of this title, had the member or former member attained such age.". SEC. 302. REPORT ON RESERVE RETIREMENT SYSTEM (a) REPORT REQUIREMENT.—The Secretary of Defense shall submit to Congress a report on the retirement system provided under chapter 67 of title 10, United States Code, for members of the Armed
 * v* sentence: "The increase shall, in the case of any annuity, be by

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